RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011176 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Korea Defense Service Medal (KDSM) and the Republic of Korea Presidential Unit Citation, and to change the Distinguished Unit Citation to the Presidential Unit Citation.

2.  The applicant states, in effect, he would like to have an updated DD Form  
215 that has the Meritorious Unit Citation deleted and has the KDSM and the Distinguished Unit Citation added.  He explains that his existing DD Form  
214 and DD Form 215 confuse people.

3.  The applicant provides a copy of his DD Form 214, two DD Forms  
215, two self-authored statements, a Letter of Appreciation, and an NA Form 13038 (United States of America Certification of Military Service Certificate).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed military records show that he was inducted and entered active duty on 12 December 1952.  He was awarded the military occupational specialty (MOS) 716.60 (Personnel Administrative Specialist).

4.  He served with the 140th Tank Battalion and 97th Engineer Company (Depot) in the Republic of Korea during the period 3 July 1953 to 5 September 1954.  He was honorably discharged from active duty on 30 September 1954 after serving 1 year, 9 months, and 19 days of active service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Korean Service Medal with 1 bronze service star, United Nations Service Medal, Distinguished Unit Citation, Meritorious Unit Citation, and the Good Conduct Medal.  However, it does not show the KDSM and Republic of Korea Presidential Unit Citation.

6.  The DD Form 215, dated 12 April 1961, shows the entry "Deleted:  Meritorious Unit Citation; Added:  Republic of Korea Presidential Unit Citation Badge." 

7.  A second DD Form 215, dated 28 April 2006, shows the entry "ADD:  Presidential Unit Citation."

8.  A Disposition Form, dated 25 April 1961, states, in pertinent part, that the  
97th Engineer Company (Depot) was awarded the Meritorious Unit Citation for the period 1 September 1953 to 31 May 1954.  Since the applicant did not join the unit until 1 June 1954 he was not authorized the Meritorious Unit Citation.  Therefore, the entry was erroneously entered in Item 27 of his DD Form 214.

9.  Army Regulation 635-5 (Separation Documents), established the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, a DD form 214 may be reissued when two DD Forms 215 have been issued and an additional correction is required.

10.  Army Regulation 635-5 directs, in pertinent part, that when a DD Form 214 is administratively issued or reissued the entry:  “DD Form 214 administratively issued/reissued on (date)” will be entered in Item 18 (Remarks) on all copies unless the appellate authority, Executive Order, or the Secretary of the Army directive specifies otherwise.

11.  Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  

a.  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and 

b.  all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; 
b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or
c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

12.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.  He KDSM may be awarded posthumously to any Soldier who lost his or her life without regard to length of such service.  Only one award of the KDSM is authorized for any individual. 

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to 140th Tank Battalion which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number  
50 dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that a new DD Form 215 be issued that deletes the Meritorious Unit Citation and adds the KDSM and the Republic of Korea Presidential Unit Citation, and to change the Distinguished Unit Citation to the Presidential Unit Citation.

2.  Evidence shows the applicant is entitled to the award of the KDSM.  Therefore, he is entitled to correction of his records to show this foreign award.

3.  Evidence shows the applicant is entitled to award of the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

4.  The Meritorious Unit Citation was erroneously entered in item 27 of the applicant's DD Form 214 since he was not assigned to the unit when it was awarded.  Therefore, on 12 April 1961 a DD Form 215 deleted that entry and the award of the Republic of Korea Presidential Unit Citation Badge was added.

5.  A second DD Form 215 was prepared on 28 April 2006 adding the Presidential Unit Citation to item 27 of the applicant's DD 214.

6.  There is no regulatory guidance or provision to change the Distinguished Unit Citation to the Presidential Unit Citation.

7.  Based on regulatory guidance a new DD form 214 may be reissued when two DD Forms 215 have been issued and an additional correction is required.  Since the applicant's DD Form 214 is to be corrected to add the KDSM, the applicant is entitled to a new DD form 214.

BOARD VOTE:

__QAS__  __CLG___  __JRS__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a new DD Form 214 which shows the additional awards of the KDSM and Republic of Korea Presidential Unit Citation.




___Curtis L. Greenway__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.